CHAPTER 671

An Act to amend and reenact § 14.1-190 of the Code of Virginia, relating
to certain allowances to witnesses.
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Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 14.1-190 of the Code of Virginia be amended and reenacted
as follows:

§ 14.1-190. A person attending as a witness under a summons not
covered by § 14.1-189, whether he be a witness from within or without
the State, shall have one dollar for each day’s attendance and seven cents
per mile for each mile beyond ten miles necessarily travelled to the place
of attendance and the same for returning, besides the tolls at the bridges
and ferries which he crosses or turnpike gates he may pass. On his oath
an entry of the sum he is entitled to and for what and by what party it is
to be paid shall be made: (1) When the attendance is before either
house or a committee of the General Assembly by the clerk of such house
or committee and (2) in other cases by the clerk of the court in which the
case is or the person before whom the witness attended except that when
the attendance was on behalf of the Commonwealth before a court the en-
try shall be made upon the minutes of the court in which the case is or to
whose clerk the certificates mentioned in § 19.1-335 are transmitted. A
witness from without the State in any civil action may be allowed the
same mileage and attendance fee as any other witness in any such action;
provided, that no such sums for attendance and mileage shall be allowed
a witness from without the State, in any civil action, unless the judge of
the court shall determine and certify such witness to be a material wit-
ness in the matter for which he appeared; and the court may allow such
mileage and attendance fee or any portion thereof as the court may de-
termine to be reasonable under the circumstances of the case. A witness
summoned to attend in several cases may have the entry made against
either of the parties by whom he is summoned, but no witness shall
be allowed for his attendance in more than one case at the same time.
Every witness who qualifies as an expert witness, when compelled to
attend and testify, shall be allowed such compensation and mileage as the
court may, if requested in its discretion, order without regard to any
limitation above set forth, but the same shall be paid by the party in whose
behalf he shall testify.